sharingthoughts
Junior Member
What is the name of your state? OH - case being transferred to NY.
Hello all. My boyfriend (of 3 years) and I have been dealing with his ex and over the last 2 years the case has been tied up in Court over jurisdiction. Here's the scoop:
Child is 7 now. Almost 4 years ago, Mom and Dad went to Court and received an order of visitation and child support (mom custody, dad visitation). The child was born in OH, Dad live in OH, and Mom lived in Ohio until 2 months before the custody/visitation order was signed. The Court screwed up and ordered visitation as if Mom lived in OH, providing for 2 days a week, every other weekend, and "no less than 7 days" of visitation in the summer. Dad to pay all transportation costs, and monthly child support. One year after the order, (because mom moved to CA, then back to OH, then to NY, he wasn't sure where she would settle), Dad filed a Motion to Modify in OH (where the order originated). Asking for extended visitation, more regular visitation, access to all of his records, etc. This was after Dad was supposed to have summer visitation for 2 weeks in the Summer (upon agreement) and cops showed up at our doorstep at 2AM saying that the order read "no less than 7 days" and that mom could legally come and pick him up. Dad's Motion had a proposed Parenting Plan, nothing outrageous. Mom has spent the last 2 years fighting that Motion. Saying anything from: 1) he is an abuser, to 2) their child is retarded (he has Asperger's, he is not retarded by any stretch of the imagination) 3) she has no money, 4) there is no basis for the modification, 4) Dad is an "abuser" and is harassing her and stalking her (since he now knows about what she has done on the web through an investigator). Dad simply wants more access and time with his child, and she keeps redirecting everything away from that goal.
Mom recently went on a tirade about how horrible Dad is and that she can't wait until the case is in NY because they cater to her there.
During the litigation in OH, Mom filed a "Motion to Show Cause" in NY for him not paying her transportation expenses to and from OH once (to come and get him in the middle of the night). The Motion included an invoice for every time (with mileage) she drove with the child. She met us 45 minutes from her house once for the exchange, and that was on there. Also - her car broke down and she wanted him to pay for the tow, too. The NY Court threw it out. 1) it falls under the category of "child support", which stays in OH and 2) she was at fault and lied to the Court about some other things in the document. NY said that the old order was the basis for a modification, since they actually live in 2 different states. So, it was good for us.
Correct me if I am wrong, but if someone lives in one state - and moves with the child to another, don't they normally incur the costs of transportation? Because of the way the order was written, he is paying all. The child flies now because he is old enough, and in addition to the flight costs, she wants him to pay her gas/mileage expense to and from the airport, complete with tolls.
ANYWAY, Mom is less than desirable. She ran a fetish website for a long time, tried to sell herself (literally) on a website. Has been involved with drugs (selling, etc., per the detective in her hometown), 2 of her siblings have died in the last 3 years (1 shot by police the other died mysteriously, both have been somewhat linked to drugs). And over the course of the 2 year litigation, most of this has been uncovered by online investigators. We have provided this to the court in OH, which is on its way to NY as another change in circumstance to modify the custody arrangement. She is threatening defamation charges because she cannot "do that work anymore", he "ruined her career" and that he is "using it as blackmail". To me, doing things like that goes to character and surroundings that their child has to live in.
I think Dad has a real shot at custody, but in any case just wants to see his son more. Any thoughts on how any of you think this would go in NY? If a Law Guardian is assigned to the child, Dad wants them to view EVERYTHING about the case to make a decision.
Thank you for reading, I know this post is long.
Hello all. My boyfriend (of 3 years) and I have been dealing with his ex and over the last 2 years the case has been tied up in Court over jurisdiction. Here's the scoop:
Child is 7 now. Almost 4 years ago, Mom and Dad went to Court and received an order of visitation and child support (mom custody, dad visitation). The child was born in OH, Dad live in OH, and Mom lived in Ohio until 2 months before the custody/visitation order was signed. The Court screwed up and ordered visitation as if Mom lived in OH, providing for 2 days a week, every other weekend, and "no less than 7 days" of visitation in the summer. Dad to pay all transportation costs, and monthly child support. One year after the order, (because mom moved to CA, then back to OH, then to NY, he wasn't sure where she would settle), Dad filed a Motion to Modify in OH (where the order originated). Asking for extended visitation, more regular visitation, access to all of his records, etc. This was after Dad was supposed to have summer visitation for 2 weeks in the Summer (upon agreement) and cops showed up at our doorstep at 2AM saying that the order read "no less than 7 days" and that mom could legally come and pick him up. Dad's Motion had a proposed Parenting Plan, nothing outrageous. Mom has spent the last 2 years fighting that Motion. Saying anything from: 1) he is an abuser, to 2) their child is retarded (he has Asperger's, he is not retarded by any stretch of the imagination) 3) she has no money, 4) there is no basis for the modification, 4) Dad is an "abuser" and is harassing her and stalking her (since he now knows about what she has done on the web through an investigator). Dad simply wants more access and time with his child, and she keeps redirecting everything away from that goal.
Mom recently went on a tirade about how horrible Dad is and that she can't wait until the case is in NY because they cater to her there.
During the litigation in OH, Mom filed a "Motion to Show Cause" in NY for him not paying her transportation expenses to and from OH once (to come and get him in the middle of the night). The Motion included an invoice for every time (with mileage) she drove with the child. She met us 45 minutes from her house once for the exchange, and that was on there. Also - her car broke down and she wanted him to pay for the tow, too. The NY Court threw it out. 1) it falls under the category of "child support", which stays in OH and 2) she was at fault and lied to the Court about some other things in the document. NY said that the old order was the basis for a modification, since they actually live in 2 different states. So, it was good for us.
Correct me if I am wrong, but if someone lives in one state - and moves with the child to another, don't they normally incur the costs of transportation? Because of the way the order was written, he is paying all. The child flies now because he is old enough, and in addition to the flight costs, she wants him to pay her gas/mileage expense to and from the airport, complete with tolls.
ANYWAY, Mom is less than desirable. She ran a fetish website for a long time, tried to sell herself (literally) on a website. Has been involved with drugs (selling, etc., per the detective in her hometown), 2 of her siblings have died in the last 3 years (1 shot by police the other died mysteriously, both have been somewhat linked to drugs). And over the course of the 2 year litigation, most of this has been uncovered by online investigators. We have provided this to the court in OH, which is on its way to NY as another change in circumstance to modify the custody arrangement. She is threatening defamation charges because she cannot "do that work anymore", he "ruined her career" and that he is "using it as blackmail". To me, doing things like that goes to character and surroundings that their child has to live in.
I think Dad has a real shot at custody, but in any case just wants to see his son more. Any thoughts on how any of you think this would go in NY? If a Law Guardian is assigned to the child, Dad wants them to view EVERYTHING about the case to make a decision.
Thank you for reading, I know this post is long.
